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The Decree of Dignity was published in the Official Journal: it came into force the new "urgent provisions for the dignity of workers and enterprises". The provision introduces provisions on work and against relocations.
In particular, explains the badociation Anita with a press release, with regard to the term work, the decree reduced from 36 to 24 months, including extensions and renewals , the maximum duration of fixed-term employment contracts, by restoring the so-called "causals" – that is to say the reasons justifying the duration of the employment contract – for a duration exceeding 12 months, as well as that in case of extension of a total duration greater than 12 months
"causal" means the recurrence of at least one of the following conditions: "temporary and objective needs, which do not are not part of the ordinary activity, that is, replacement needs of other workers "and / or" needs related to temporary and significant increases "and non-programmable, of ordinary activity . "
The CCNL Logistics, Freight Transport and Shipping already provides, for futures contracts and regardless of their duration, the necessary indication of specific reasons of a technical, productive, organizational or technical nature. substitution, taking into account the possibility of employing a higher number of temporary workers (35% of permanent workers, compared to the limit of 20%)% provided for by law)
Returning to the decree in question, the new regulation applies to futures contracts stipulated after the coming into force of the decree (July 14, 2018) as well as to the renewals and extensions of the contracts in force on the same day. Eligible extensions increase from 5 to 4 and, at each renewal of the contract, an increase of 0.5 percentage point of the INPS contribution is applied, in addition to the 1.4% already provided by the law no. 92/2012
The decre t is equivalent to the discipline on the fixed-term contract that of work in the administration, with the consequence that the new rules also apply to employment agencies, with the exception of Previous obligation of recruitment and for the With regard to the dismissals the decree provides for a 50% increase of the pecuniary indemnities (minimum and maximum) in case of illegitimate dismissal: of 4 and 24 months – as previously provided by the decree of application of the law on employment – it goes to 6 and 36 months of compensation.
The new decree provides that Italian and foreign companies operating in the territory that have benefited from state aid for productive investment (subsidies, subsidized loans, public guarantee schemes) are lost if they are relocated business, or a part of it, to third countries (except in EEA countries) within 5 years from the date of conclusion of the l & # 39; initiative facilitated. For relocation means "the transfer of an economic activity or part of it from the promoted production site to another site, by the same company receiving the". aid or another company with which there is a relationship of control o link in accordance with Article 2359 of the Civil Code. "
In case of revocation, the administration responsible for the measure of aid commits an administrative penalty pecuniary amount of two to four times the amount of aid received. The confiscation of the benefit (but not the sanction) also applies in case of transfer of the activity or part of it (not only abroad but also in France). Italy) for the incentive production site, for specifically localized productive investments As part of the measures to combat offshoring, it is also planned that the badets subsidized with the so-called depreciation be allocated to production facilities located on the national territory. and that, in the case of a transfer for consideration or transfer abroad, the corresponding sums will be recovered by increasing the taxable income. The rule only applies to investments made after July 14, 2018.
The decree also provides for the revocation of benefits granted to companies that reduce, within 5 years from the date of completion investment, employee employment levels productive unit or activity affected by a facilitation that badesses the impact on employment. The loss of profit occurs in the presence of a reduction in employment levels of more than 10% and is proportional to the reduction in the level of employment, it being understood that it is still total in case of reduction of more than 50%. This rule also applies only to investments made after July 14, 2018.
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